top of page
G&G logo - NEW - RGB - shaded - REVERSED.png
AdobeStock_141023550.jpeg

Workers’ Compensation – Notice to the Employer (2016)

Writer's picture: GREY & GREYGREY & GREY

The New York State workers’ compensation law has strict requirements about when and how employers must be alerted to workplace injuries. Failure to follow the requirements can jeopardize compensation for injured workers. Our client slipped and fell on a wet floor while working as a medical technician. She reported the accident to her employer, as well as an injury to her left knee. Later on, she was also found to have injured her right knee, neck, back and shoulders.

The employer contested the claim for the additional injuries, arguing that all of the injuries had to be reported within 30 days. We argued that the worker only needs to report the accident within 30 days, and does not need to specifically identify each injury. The WCL Judge agreed with the employer, and we appealed. On appeal, the Workers’ Compensation Board agreed with us that the worker is not required to notify the employer about each injured body part within 30 days.

The employer appealed, and the Appellate Division, Third Department also agreed with our position. Although a worker is required to file a claim with the Board for all injuries within two years of the date of the accident, the employer is only entitled to notice of the accident within 3 days, not each specific injury.

This case put an end to an argument that was routinely used by the City of New York to dispute and deny benefits to injured workers.

Read the Logan decision here.

4 views

Recent Posts

See All

BLOG POST

Grey & Grey, PLLC

Contact Us

Thanks for submitting!

Grey & Grey, PLLC is a law firm dedicated to the representation of workers who are injured on or off the job. We specialize in handling claims for Workers’ compensation, Social Security Disability, Disability Retirement, and Personal Injury.

Farmingdale Office

360 Main Street

Farmingdale, NY 11735

(516) 249-1342
Directions

Manhattan Office

111 Broadway Suite 809

New York, NY 10006

(212) 964-1342
Directions

Queens Office

118-35 Queens Boulevard Suite 1505

Forest Hills, NY 11375

(718) 268-5300
Directions

Suffolk Office

646 Main Street

Port Jefferson, NY 11777

(631) 249-1342
Directions

Westchester Office

203 East Post Road

White Plains, NY 10601

(914) 984-2292
Directions

Bronx Office

2932 Wilkinson Avenue, Room 503, Bronx, NY 10461

(718) 268-5300
Directions

Thanks for subscribing!

Terms & Conditions

Privacy Policy

Accessibility Statement

G&G logo - NEW - RGB - shaded.png

Disclaimer: Attorney Advertising.  The legal information presented on this site is not intended to offer any medical or legal advice. The content presented on this website is intended for educational purposes only. Visitors to this website should not substitute its content for the professional services of a legal or healthcare professional.  Reasonable attempts have been made to ensure the information presented on this website is accurate, and Grey & Grey cannot make express or implied representations or warranties about the completeness or accuracy of the contents of this website.  You should consult an attorney for advice regarding your individual situation.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 

© 2025 by Grey & Grey, PLLC. All Rights Reserved. 

bottom of page